NEW DELHI: In a major verdict, the Supreme Court on Wednesday declared that the principle 'bail is a rule, and jail an exception' would apply even in cases registered under the stringent Prevention of Money Laundering Act (PMLA). The verdict could have a larger impact in cases wherein accused are lodged at jails in ED cases across India.
A two-judge bench of the apex court, headed by Justice B R Gavai and Justice K V Vishwanathan pronounced the verdict on a bail plea filed by Prem Prakash in an illegal mining case. Prem Prakash is alleged to be an associate of Jharkhand Chief Minister Hemant Soren.
While granting relief, the apex court noted in its order that the petitioner, Prakash, had been behind bars for 18 months. "The principle of bail a rule, jail an exception is a part of fundamental right under Article 21 of the Constitution. Liberty can be deprived only after following due procedure of law," Justice Gavai said in the ruling.
The bench said that an individual's liberty is always the rule and deprivation of it is an exception. The bench also noted that Section 45 of the PMLA which lays down twin conditions for the bail of an accused in a money laundering case does not rewrite the principle to mean that deprivation of liberty is the norm.